Exercise Extreme Caution when using many of our free forms - or any legal material. While they may provide general ideas on format & content, validity requirements can and do vary greatly from state to state. Many MUST be Properly Modified for your own location and circumstances. (Hint: If in doubt it's usually safer to include unneeded clauses than to leave out necessary ones. . . . but it's even safer to consult a competent source or use current, state specific ones like ours mentioned below.) Also, we urge people (and lawyers too) to read our Relying On Legal Info FAQ.

For Up-To-Date Forms Covering Just About Every State & Situation plus Summaries of
Relevant Laws We STRONGLY SUGGEST Checking Out
(This should open a new window. Close it when you're done and you'll be back here.)

Motion To Dismiss, Presenting Defenses Of Failure To State A Claim, Of
Lack Of Service Of Process, Of Improper Venue, And Of Lack Of
Jurisdiction Under Rule 12(B)

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim
against defendant upon which relief can be granted.

2. To dismiss the action or in lieu thereof to quash the return of
service of summons on the grounds (a) that the defendant is a corporation
organized under the laws of Delaware and was not and is not subject to
service of process within the Southern District of New York, and (b) that
the defendant has not been properly served with process in this action,
all of which more clearly appears in the affidavits of M. N. and X. Y.
hereto annexed as Exhibit A and Exhibit B respectively.

3. To dismiss the action on the ground that it is in the wrong district
because (a) the jurisdiction of this court is invoked solely on the
ground that the action arises under the Constitution and laws of the
United States and (b) the defendant is a corporation incorporated under
the laws of the State of Delaware and is not licensed to do or doing
business in the Southern District of New York, all of which more clearly
appears in the affidavits of K. L. and V. W. hereto annexed as Exhibits C
and D, respectively.

4. To dismiss the action on the ground that the court lacks
jurisdiction because the amount actually in controversy is less than ten
thousand dollars exclusive of interest and costs.

Please take notice, that the undersigned will bring the above motion on
for hearing before this Court at Room XX, United States Court House,
Foley Square, City of New York, on the XXX day ofXXXX, 193X, at 10
o'clock in the forenoon of that day or as soon thereafter as counsel can
be heard.

For Up-To-Date Forms Covering Just About Every State & Situation plus Summaries of
Relevant Laws We STRONGLY SUGGEST Checking Out
(This should open a new window. Close it when you're done and you'll be back here.)

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.
http://www.lectlaw.com

* * * * * * * * * *No one connected with the 'Lectric Law Library, including Sponsors, Advertisers, & Content Providers,
necessarily Endorses, Warrants or Approves of any of its material. Also, Library content is NOT meant
to provide Specific Legal Advice, or to Solicit or Establish Any Kind of Professional-Client Relationship.